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Foundations of Indirect Discrimination Law

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Hugh Collins
eBook Typ:
Adobe Digital Editions
eBook Format:
2 - DRM Adobe
1. Indirect Discrimination Law: Controversies and Critical Questions Hugh Collins and Tarunabh Khaitan2. Direct and Indirect Discrimination: Is There Still a Divide? Sandra Fredman3. Approaching the Indirect-Direct Discrimination Distinction: Concepts, Justifications and Policies Nicholas Bamforth4. Judicial Scepticism of Discrimination at the ECtHR Barbara Havelková5. Indirect Discrimination and the Duty to Avoid Compounding Injustice Deborah Hellman6. The Moral Seriousness of Indirect Discrimination Sophia Moreau7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination? Ronan McCrea8. Indirect Discrimination, Affirmative Action and Relational EgalitarianismKasper Lippert-Rasmussen9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law Tarunabh Khaitan and Sandy Steel10. Anti-discrimination Law and the Duty to Integrate Julie C Suk11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination Hugh Collins
Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.